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HomeMy WebLinkAboutBOA Decision #4571 Unit 7 - Doc 1,264,131 - 2.27.15Dbr:1s264•131 02-27-2015 11=41 BARNSTABLE LAND COURT REGsISTRY COMMONWEALTH OF MASSACHUSETTS TOWN OF YARMOUTH BOARD OF APPEALS Appeal #4571 Date: Tehruary 25, 2015 Certificate of Granting of a Soeciai Permit (General Laws Chapter40A, section 11) The Board of Appeals of the ToFvu of Yarmouth Massachusetts hereby certifies that a Special Permit has been granted to: Mark S. Proshan and Renee Tallon 29 Lewis Bay Boulevard West Yarmouth, MA 02673 Affecting the rights of the owner with respect to land or buildings at: 29 Lewis Bay Boulevard, West Yarmouth. Map & Lot#; 0016.48•C7; Zoning District: R425; Certificate #:C355-7 and the said Board of Appeals further certifies that the decision attached hereto is a true and correct copy of its decision granting said Special Permit, and copies of said decision, and of all plans referred to in the decision, have been filed. The Board of Appeals also calls to the attention of the owner or applicant that General laws, Chapter 40A, Section 11 (last paragraph) and Section 13, provides that no Special Permit, or any extension, modification or renewal thereof, shall take effect until a copy of the decision bearing the certification of the Town Clerk that twenty (20) days have elapsed after the decision has been filed in the office of the Town Clerk and no appeal has been filed or that, if such appeal has been filed, that it has been dismissed or denied, is recorded in the Registry of Deeds for the county and district in which the land is located and indexed in the grantor index under the name of the owner of record or is recorded and noted on the owner's certificate of title. The fee for such recording or registering shall be paid by the owner or applicant. Sven DeYou hairmui FILED WITH TOWN CLERK: PETITION NO: #4571 Town or YARuo>:rTx BOARD OF APPEALS DECISION February 3,2015 HEARING DATE: January 22, 2015 PETITIONER: Marls S. Proshan and Renee Talton PROPTRTY: 29 Lewis Bay Boulevard, West Yarrnouth Map & Parech 0016.48-C7; Zoning District: R-25 Certificate #: C3554 MEMBERS PRESENT AND VOTING: Steven DeYoung, Chairman, Sean Igoe, Chuck Hart, and Doug Campbell Notice of the hearing has been given by sending notice thereof to the Petitioners and al[ those owners of property as required b r my,an to the public by posing notice of the hearing and publishing in The Register, the hearing opened and held on the date stated above. The Petitioners are Mark S. Proshan and Renee Talton who were well represented by Andrew Singer, Esq. The Petitioners are seeking a further modification of Petition #3851, as modified in Appeals #3920 and 94439, or a new Special Permit, all in accordance with the provisions of Sections 104.3.2, 104.4.1, and 203.5 of the Yarmouth Zoning By -Law, in order to enclose an existing second - floor deck on the south side of their Unit 7 and construct a two -car garage at the north end of their Unit within the existing shell driveway area and their Exclusive Use Area of the Yarmouth Shores Condominium at 29 Lewis Bay Boulevard in West Yarmouth all as shown on the submitted plans. Five letters of support from neighbors to the Property and a petition of support signed by 16 people who live in the neighborhood were submitted and read into the record. In addition, letters of support from the nine other Condominium Unit owners within the Yarmouth Shores Condominium were also submitted and read Into the record. The Yarmouth Conservation Commission submitted a Memorandum stating that the proposal has been approved by the Commission. Peter Cook, a neighborhood resident on Berry Avenue, spoke in support of the proposal. Thomas Maloney, a neighborhood resident across the street, spoke in opposition to the proposal, After a question and answer period and discussion regarding the size, configuration, and use of the enclosed second -floor deck as well as regarding the size, design, and use of the proposed garage and room above, the driveway and parking and access thereto, original approval for the Condominium, and the fact that there would be no change in the number of bedrooms in the Unit, the Board found that the proposal to enclose the second -floor deck will not be substantially more detrimental to the neighborhood, Zoning District or Town than existing conditions and that it would not cause or contribute to any undue nuisance, hazard or congestion. The consensus of the Board was that, notwithstanding neighborhood support, they had concerns with the size of the proposed garage. At the request of the Petitioners and upon a Motion made by Mr. Igoe and seconded by Mr. dart, the Board voted unanimously to allow so much of the Petition as requested the new garage to be withdrawn without prejudice. Thereafter, on Motion made by Mr. Igoe, seconded by Mr, Had, the Board voted unanimously in favor of granting a further modification of the Special Permit in Petition #38511 as modified in Petitions #3920 and #4439, to authorize so much of the Petition as requested enclosing the second- floor deck. The Modified Special Permit for the enclosure of the second -floor deck is therefore granted in accordance with the plans presented. No permit shall issue until 20 days from fhe filing of this decision with ttte Town Clerk. This decision must be recorded at the Registry of Deeds and a copy forwarded to the Board of Appeals. Appeals from this decision shall be made pursuant to MGL c40A section 17 and must be tiled within 20 days after filing of this notice/decision with the Town Clerk. Unless otherwise provided herein, the Special Permit shall lapse if a substantial use thereof has not begun within 24 months. (See By-law §103.2.5, MGL e40A §9) Steven DeYoung, man 2 TOWN OF rARMUU I n Town 1146 ROUTE 28, SOUTH YARMOUTH, MASSACHUSETTS 02664-4451 Clerk Telephone (508) 398-2231 Ext. 1285, Fax (508) 398-0836 CERTIFICATION OF TOWN CLERK I, Philip B. Gaudet, III, Town Clerk, Town of Yarmouth, do hereby certify that 20 days have elapsed since the filing with me of the above Board of Appeals Decision #4571 that no notice of appeal of said decision has been filed with me, or, if such appeal has been filed it has been dismissed or denied. All appeals have been exhausted. Philip B. Gaudet, II ` Town Clerk )a .L. BARNSI'ABLE REGlSIRY pF REEbS John F Meade, Register